ARTICLE 1 – PARTIES
SELLER:
Title: PEKANO TURİZM TAŞIMACILIK ORGANİZASYON SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Store: PEKANO TURİZM TAŞIMACILIK ORGANİZASYON SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Phone: +90 242 322 26 97
Email: info@pekano.com
BUYER:
Name Surname: …………………………………………………………………………………..
Address: ……………………………………………………………………………………….
Phone: ………………………………………………………………………………………
Email: ………………………………………………………………………………………
ARTICLE 2 – SUBJECT OF THE CONTRACT
The subject of this contract is the determination of the rights and obligations of the parties regarding the product specified in the third article of this contract. This contract has been prepared in accordance with the Law on Consumer Protection No. 4077, which came into force after being published in the Official Gazette dated March 8, 1995, and numbered 22221, and the Regulation on Distance Contracts, which came into force after being published in the Official Gazette dated March 6, 2011, and numbered 27866. The parties to this contract acknowledge and declare that they know and understand their obligations and responsibilities arising from the Law on Consumer Protection and the Regulation on Distance Contracts.
ARTICLE 3 – PRODUCT INFORMATION
The type, quantity, brand, model, color, quantity, sales price, delivery/invoice address, delivery person, and payment method of the product are as follows:
Product Type: Brand/Model/Color: Quantity: Sales Price (including VAT): Shipping Fee: Payment Method: Delivery Address: Delivery Person: Invoice Address:
ARTICLE 4 – GENERAL PROVISIONS
4.1. The parties to this contract are the BUYER and the SELLER, and all obligations and responsibilities related to the fulfillment of this contract belong to the parties. This contract comes into force on the date it is electronically approved by the BUYER.
4.2 The BUYER declares, acknowledges, and undertakes that they have read, understood, and given the necessary approval for the purchase of the product specified in Article 3, including its features and sales conditions.
4.3 The SELLER is responsible for delivering the product specified in the contract in a sound, complete manner, in compliance with the qualifications specified in the order, and, if any, with warranty documents and user manuals, and for handing over the products to the customer from the warehouse.
4.4 If the product subject to the contract is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the delivery person/entity does not accept the delivery.
4.5 Delivery will be made in person at the address specified by the BUYER in Article 3. Even if the BUYER is not present at the address at the time of delivery, the SELLER will be deemed to have fulfilled their obligation fully and completely.
4.6 If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of the obligation to deliver the product.
4.7 In the case mentioned in 4.6, the expenses and other damages incurred due to the BUYER’s delayed receipt of the product or the product being held by the shipping company and/or the return of the product to the SELLER are the responsibility of the BUYER.
4.8 The shipping fee is not included in the product price.
4.9 If the product is delivered to the BUYER, and due to unauthorized or illegal use of the BUYER’s credit card by unauthorized persons not caused by the BUYER’s fault, the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to send the product back to the SELLER within 3 (three) days. In this case, the shipping expenses are the responsibility of the BUYER.
4.10 Defective or faulty (defective) products, whether or not they come with a warranty certificate, can be sent to the SELLER for necessary repair within the warranty conditions, and in this case, the shipping costs will be covered by the SELLER.
4.11 The BUYER acknowledges that they need to confirm the interest rates and information about default interest with their bank separately due to the fact that installment sales are made only with credit cards belonging to banks.
4.12 The BUYER declares, acknowledges, and undertakes that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and the BUYER, in accordance with the provisions of the applicable legislation.
4.13 In cases where the BUYER uses the right of withdrawal, or if the product subject to the order cannot be supplied for various reasons, or if the Consumer Arbitration Committee decides on a refund to the consumer, if the shopping was made with a credit card and in installments, the credit card refund procedure is as follows:
4.14 If the BUYER has purchased the product in installments, the bank will also return the amount to the consumer in installments. After the SELLER pays the full amount of the product to the bank at once, the bank will transfer the installment amounts back to the credit card of the BUYER.
4.15 In the case of a return of goods and services purchased with a card, the SELLER cannot make a cash payment to the BUYER in accordance with a separate agreement with the bank. If a return is required, the SELLER will refund the amount to the bank either in cash or by offsetting, and the bank will refund the amount to the BUYER’s credit card after the SELLER makes a single payment to the bank.
4.16 In payment options such as cash on delivery or bank transfer/EFT, the refund will be made by requesting the bank account information from the consumer and transferring it to the account specified by the consumer (the account must be in the name of the person on the invoice address or the user member).
4.17 In order for the return transactions to be carried out in accordance with the general communiqué on tax procedure law No. 385, the relevant return sections on the invoice must be completed and sent back to the SELLER along with the product. The BUYER declares, acknowledges, and undertakes to comply with this procedure.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract by rejecting the goods without any legal or penal liability and without any justification within seven days from the date of receipt of the goods. The product price will be refunded to the BUYER within 10 days from the date the withdrawal notification reaches the SELLER. The expenses arising from the use of the right of withdrawal belong to the BUYER.
The SELLER undertakes to take back the goods within seven days from the date the goods are delivered to the consumer or from the date the contract is signed, without any legal or penal liability and without any justification, and to refund the product price to the consumer within 10 days from the date the withdrawal notification reaches the SELLER.
In accordance with the Regulation on Distance Contracts, the BUYER cannot exercise the right of withdrawal for goods produced in accordance with the BUYER’s special requests and demands or made personalized by modifications or additions, and for goods the price of which is determined in the stock exchange or other organized markets.
Since the BUYER does not pay VAT on orders sent to Northern Cyprus and other destinations outside Turkey, they are responsible for paying the taxes on the products received at customs. The BUYER does not have the right to withdraw for products not picked up from customs for any reason. This is because, according to Article 7 of the Regulation on Distance Contracts, the consumer has the right to withdraw from the contract within seven days without any legal or penal liability and without any justification from the date they receive the goods.
ARTICLE 6 – PROVISIONS OF DEFAULT
6.1. In case the parties fail to fulfill their obligations arising from this contract, the provisions of the Default of the Debtor in the Turkish Code of Obligations No. 106-108 shall apply. In cases of default, if any party fails to fulfill their obligations without a valid reason, the other party will give a 7-day period for the fulfillment of the obligation. If the obligation is not fulfilled within this period, the other party will have the right to demand the fulfillment of the obligation and/or the termination of the contract and the refund of the amount paid by demanding the fulfillment of the obligation from the non-performing party.
6.2. If extraordinary events such as force majeure or adverse weather conditions preventing transportation, interruption of transportation, fire, earthquake, flood, etc., which prevent the SELLER from fulfilling their obligation, occur, the SELLER has no responsibility in such cases. The BUYER may choose one of the following rights: canceling the order or postponing the delivery until the preventing situation is resolved. If the BUYER cancels the order, the amount paid will be refunded to them within 10 days.
ARTICLE 7 – AUTHORIZED COURT
In disputes arising from this contract, the Consumer Problems Arbitration Committees in the residence of the BUYER or SELLER up to the value announced by the Ministry of Customs and Trade each year, and the Consumer Courts for disputes exceeding this value, are authorized.
This contract is made on the date of … / … / ….
SELLER: …………………………………………………………..
BUYER: …………………………………………………………….
DATE: …………………………………………………………..